Court-issued custody orders are legally binding to both parents, but it does not necessarily mean your co-parent will comply with the terms. It can be rather frustrating when this happens, not to mention the disruption and emotional stress it can cause you and your child.
If you find yourself in such a situation, here is what you can do to protect your parental rights and your child’s wellbeing.
Document the violations
Start by documenting each instance your co-parent violates the custody order. Record the dates, times and descriptions of their conduct. It also helps to preserve any related communication records with your co-parent. This evidence can help your case later on.
Speak to your co-parent
Sometimes, custody violations occur due to misunderstandings or miscommunication. Therefore, it’s advisable to try resolving the matter with your co-parent before looking into other avenues. Discuss your concerns and remind them of the terms of the custody order.
If you are not on good terms with your co-parent, you may want to consider mediation or other alternative dispute resolution mechanisms. They can offer a quicker and less confrontational resolution.
Understand your legal rights and options
Child custody orders are enforceable, and you can go to court to ensure your co-parent adheres to them. This may involve filing a motion of contempt against your co-parent for willfully disobeying court orders. You could also request a modification of the custody orders if the violations are persistent and you are concerned for your child’s welfare.
At the same time, you should not take the law into your hands. Doing anything that goes against the existing custody orders, like cutting off your co-parent’s access to the children, makes you equally complicit. Seeking qualified legal assistance can help you take proper action toward enforcing child custody orders while avoiding mistakes that could work against you.
